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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, MOKSHA KHAJURIA KAZMI
Humanity Public School at Bassi Kalan Bari Brahmana District Samba through its proprietor Gaurav – Appellant
Versus
UT of J&K through Commissioner/Secretary, School Education Department Civil Secretariat – Respondent
JUDGMENT :
Sanjeev Kumar, J.
WP(C) No. 2829/2021
1. A private school by the name of “Humanity Public School” run by one Gourav Charak, invokes extraordinary jurisdiction vested in this Court under Article 226 of Constitution of India to throw challenge to an order bearing No. 785-FFRC (FF) of 2021 dated 26.11.2021 [“the impugned order”] passed by Chairperson, Committee for Fixation and Regulation of Fee of Private Schools [“FFRC”]. Vide order of FFRC, impugned in this petition, the school management of the petitioner-School has been directed to constitute a trust for running the school, providing further that till the needful is done by the petitioner and the directions contained in order No. 415/FRRC (FF) of 2021 dated 11.08.2021, are complied with, the management of petitioner-School shall not make any hike in any type of fee.
2. The petitioner is aggrieved and has assailed the impugned order of FFRC primarily on the ground that FFRC constituted under Section 20A of School Education Act, 2002 [“the Act of 2002”] is not competent to issue such directions and that the role and jurisdiction of FFRC is restricted to fixation and regulation of fee of private schools.
3. Mr. Ravinder Gupta,
The Fee Fixation and Regulation Committee's jurisdiction is limited to fee regulation and does not extend to mandating the establishment of a trust for private schools.
(1) Director, Secondary Education has no authority to issue direction in respect of fee structure in respect of private unaided schools.(2) It is for school Management to reschedule payment of school....
The Fee Committee exceeded its jurisdiction by adjudicating complaints post-enactment of the Punjab Regulation of Fee of Unaided Educational Institutions Act, 2016, leading to the quashing of its ord....
The main legal point established in the judgment is that the Fee Regulatory Committee (FRC) is required to adhere to the provisions of the Gujarat Self-Financed Schools (Regulation of Fees) Act, 2017....
The FRC, as a quasi-judicial authority, must follow the provisions of the Act and Rules, conduct individual case inquiry, and apply principles of natural justice.
Unaided recognized schools - Prohibition for not collecting part of annual charges not justified – School dependent only on fees collected to cover their salary, establishment and all other expenditu....
The Court emphasized the importance of complying with the legal provisions under the Gujarat Self-Financed Schools (Regulation of Fees) Act, 2017 and the Rules'2017, particularly in the context of th....
Private unaided schools hold the autonomy to set fee structures; regulatory actions must stem from clear evidence of profiteering, not general circumstances like a pandemic.
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